Negligence - Causation

What is the ‘but for’ test?

Would the harm have occurred but for the defendant’s breach?
If yes → no factual causation.
If no → factual causation established.

Cork v Kirby Maclean Ltd (1952):

• A worker with epilepsy fell from a non-compliant ladder and died.
  The employer argued he failed to disclose his condition.

• Held: But for the unsafe platform, he would not have died → employer liable.

What principle comes from Barnett v Chelsea Hospital (1969)?

• If the claimant would have died anyway, the “but for” test fails.

• Even negligent treatment does not establish causation if it made no difference.

What was decided in McWilliams v Sir William Arrol (1962)?

• Worker fell; employer failed to provide safety harness. Evidence showed he would not have worn it anyway.

• Held: No factual causation.

What is “material contribution”?

Where multiple causes exist, D is liable if their breach materially contributed to the harm.

What is the “duty nexus” question from Meadows v Khan (2021)?

Is there a sufficient causal connection between the harm and the subject matter of the defendant’s duty?

What key statement was made in Meadows v Khan (2021)?

The law does not impose responsibility for everything that follows from a wrongful act.

What is the remoteness test from The Wagon Mound (No 1) (1961)?

Damage must be reasonably foreseeable.

What does Kuwait Airways v Iraqi Airways (No 6) emphasise?

Legal causation is ultimately about fairness and justice.

What must be foreseeable for remoteness?

The type or kind of damage — not the exact injury.

What principle comes from Bradford v Robinson Rentals (1967)?

Exact injury need not be foreseen (frostbite), only general type (cold-related illness)

What does Jolley v Sutton LBC (2000) show?

The precise way harm occurs does not matter if injury of that type is foreseeable.

What principle comes from Page v Smith (1996)?

If physical injury is foreseeable, psychiatric injury is not too remote.

What happened in Hughes v Lord Advocate (1963)?

• Child knocked paraffin lamp into manhole; explosion caused burns. Burns foreseeable, explosion not.

• Held: Liable.

What principle does Hughes v Lord Advocate establish?

The exact mechanism of injury need not be foreseeable.

Does it matter if the extent of harm is greater than expected?

No. If the type of harm is foreseeable, full extent is recoverable.

What is the eggshell skull rule?

D must take C as they find them.

What happened in Smith v Leech Brain (1962)?

Minor burn triggered cancer due to pre-existing condition.
Held: D fully liable.

When is the chain of causation broken?

When a new intervening act is unforeseeable and independent.

What happened in Carslogie Steamship (1952)?

Ship damaged in collision; later storm caused further damage.
Storm damage broke chain.

When does a claimant break the chain?

When they act in a highly unreasonable way.

What happened in McKew v Holland (1969)?

C with weak leg jumped down stairs.
Held: Highly unreasonable → chain broken.

What happened in Wieland v Cyril Lord Carpets (1969)?

C fell due to neck collar from earlier injury.
Held: Reasonable behaviour → no break.

What was decided in Corr v IBC Vehicles (2008)?

Workplace injury caused depression → suicide.
Held: No break in chain.

What is contributory negligence?

Claimant partly responsible → damages reduced, not eliminated.

What happened in Sayers v Harlow UDC (1958)?

C climbed toilet door and fell.
Damages reduced for contributory negligence.

Do rescuers break the chain of causation?

No — rescue is foreseeable.

What happened in Haynes v Harwood (1935)?

Police officer injured stopping runaway horses.
Held: Rescue foreseeable → no break.

When can a third party break the chain?

If their act is unforeseeable and independent.

What happened in Knightley v Johns (1982)?

Senior officer negligently sent constable into danger after accident.
Held: Police negligence broke chain.

Does medical negligence usually break the chain?

No — unless it is grossly negligent and completely independent.

What happened in Robinson v Post Office (1974)?

Tetanus injection caused brain damage.
Held: Original defendant liable because it did not affect what the outcome would’ve been.

What happened in Rahman v Arearose (2001)?

Employer failed to protect from assault; hospital worsened injury.
Liability apportioned between employer and hospital.

What are the three main novus actus categories?

• Act of nature

• Act of claimant

• Act of third party